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PSMA
Public Service Moderinzation Act * See elsewhere PSEA. For years, managers and employees have said they were frustrated by the staffing system in the public service. Managers complained about staffing processes that were lengthy and complex. At times, it seemed that staffing had become more an exercise in correctly applying the rules and avoiding legal challenges than in getting a person who was the right fit for the job. Many employees had similar complaints. They were frustrated that it took so long for competitions to be finalized. Others said it wasn’t easy to understand why they weren’t selected for a position or what they could have done differently to be successful. In addition, employees felt that it was unfair to have to wait until the end of the staffing process before they could file an appeal. The PSEA is intended to address these concerns, and at the same time to provide the flexibility required to attract new employees with the skills and talents needed to serve Canadians. Under the new PSEA, staffing will truly become a management responsibility and managers will be held accountable for their decisions. The Public Service Commission maximized the delegation of staffing authorities to deputy heads of departments and agencies when the Act came into force. Deputy heads in turn are encouraged, wherever applicable, to delegate staffing to the lowest management level possible within their department or agency. What Does It Mean For Public Service Employees? First and foremost, employees should be aware that whatever changes there are provided for under the new Act, the core values and principles of merit, non-partisanship, fairness, access and transparency haven’t changed. In addition, important public service legislation such as the Employment Equity Act, Official Languages Act, and the Canadian Human Rights Act still applies. As well, under the PSEA, the Public Service Commission retains a fundamental and strengthened role overseeing the integrity of the staffing system. Here are an additional five important changesthat are a part of the new PSEA: HR Planning Takes Centre Stage The flexibility provided for in the new Act reinforces the importance of HR Planning. With the implementation of PSEA, departments or agencies will be encouraged to fully integrate their HR planning with their business plans; and to use these integrated plans as a basis for staffing decisions. If they don’t already do so, we expect to find managers paying as much attention to planning their staffing needs in the future as they do to planning their business cases and financial budgets. This approach to on-going HR planning should help to minimize the ad hoc staffing seen in some, if not many workplaces today. New Approaches to Staffing Under the new PSEA, managers are able to choose from a broader set of options to fill positions, and will have more leeway to tailor staffing policies to meet their specific operational needs. Managers now have the option of undertaking staffing processes referred to for example as advertised or non-advertised, internal or external. Furthermore, managers may make greater use of collective staffing processes, pre-qualified pools, professional development, and apprenticeship programs. Merit Has Changed Another major change relates to the concept of merit. The new PSEA says merit is applied when the person being appointed to a position meets the essential qualifications. A manager may also consider any asset qualifications, operational requirements orcurrent or future needs that the organization or employer has identified beforehand. In short, the Act allows a broader definition of merit to be applied in order to ensure the selection of a person who is the right fit for the job. Informal Discussion Increased communication and early resolution of concerns are facilitated by the introduction of the new Informal Discussion process. In Informal Discussion, employees will be able to discuss with the person or persons responsible for the decision, why they were eliminated from consideration for an appointment. Informal discussion is neither recourse nor mediation but rather a conversation between the employee and hiring manager to improve communications during the process. It is designed to allow an individual to understand the reasons for the decision and if required, provide an opportunity for the manager to correct any errors before the process is complete. There’s a New Approach to Recourse There is also a new approach to recourse for internal staffing processes. Although appeals as a recourse avenue disappear, recourse continues to exist in the form of complaints to the new and independent Public Service Staffing Tribunal (PSST). Under the PSEA, a person who was not appointed or proposed for appointment in an internal appointment process has the right to make a complaint when they believe that there was an abuse of authority in applying the new merit criteria, an abuse of authority in deciding between an advertised and a non-advertised process, or where there has been a failure to assess the candidate in the official language of his or her choice. Will Employees See Changes Right Away? Although the new PSEA came into force December 31, 2005, public service employees can expect that the first few months if not the first year will be a transitional phase with deputy heads, managers and employees all working to understand new roles, responsibilities and opportunities under the Act. It’s unlikely then, that there will be a dramatic change right away in the workplace. For more information about the application of the new PSEA in your own organization check your departmental or agency intranet site.